Thursday, February 28, 2002

Techies like to complain about Microsoft products, but some of their
useful features wouldn't be found in anybody else's product. The EU
recently released the text of of a proposed directive allowing for
software patents, and because it was released as a Microsoft Word
document, we know who
last edited the thing --- Francisco Mingorance, a top lobbyist for
the Business Software Alliance.

If that sort of legislative process appeals to you, you'll love the SSSCA. This bill, being
championed by Senator Fritz Hollings (D-Disney) (hearings
today!), would require all "interactive digital devices" to employ
"certified security technologies" which would "protect" digital content.
The definition of "interactive digital device" is as broad as can be
imagined:

The term "interactive digital device" means any machine,
device, product, software, or technology, whether or not included with
or as part of some other machine, device, product, software, or
technology, that is designed, marketed or used for the primary purpose
of, and that is capable of, storing, retrieving, processing,
performing, transmitting, receiving, or copying information in digital
form.

In other words, all computer software would need to have
copyright cops embedded.

Where this gets really fun is the process by which the security
technologies get certified. After the bill gets passed, the
electronics and software manufacturers get a year or so to negotiate
with "representatives of copyright owners" about security standards.
If those negotiations conclude, the Secretary of Commerce is required
by the bill to adopt whatever they come up with as recommendations,
which acquire the force of law. So, in effect, this bill would
explicitly delgate regulatory authority to large corporations.

On the other hand, if a year goes by and the electronics and
software industries haven't knuckled under, the Secretary is
required by the bill to initiate rulemaking which will give
the copyright holders what they want.

Do I exaggerate? Well, slightly --- if the parties "appear to be
negotiating in good faith", the Secretary can grant the electronics
and software industries a six-month reprieve. But only one. Aside
from that, if you don't think it's really that bad, I'd invite you
once again to read the text of
the bill.

Disney thinks this is "an exceedingly moderate and reasonable
approach". It's good to know they're not going to extremes.